Waiver and Release of Liability
This Waiver and Release of Liability (hereinafter, the “Agreement”) is being entered into in consideration of the benefit of participating in events offered by Otehlia Travels (hereinafter, the “Company”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, on behalf of myself and those in my party (hereinafter individually and collectively referred to as the “Participant”), hereby acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on the warranties and obligations contained herein:
Voluntary Participation. Participant understands and confirms that participation in any event offered by the Company (hereinafter, the “Events”) is voluntary. Participant hereby warrants that he or she is in good health and suffers from no physical or mental condition that would create a unreasonable risk of harm to himself or herself, or to any other participant of the Events.
Comprehension and Assumption of Risk. Participant understands and acknowledges that there are potential risks involved related to participation in the Events. Participant hereby assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with Participant’s participation in the Events. Participant accepts full responsibility for any liability, illness, injury, loss, damage or death in any way connected with my participation in the Events. Participant acknowledges that participation in the Events is at Participant’s sole risk.
Release of Claims. Participant hereby releases the Company from any and all liability or claims which may arise from participation in the Events. This paragraph shall be inclusive of, but not limited to, any injury or death resulting from exposure to food or beverage allergies, communicable diseases, illnesses of any kind, food borne illnesses, theft of or damage to Participants property, transportation or commute, exposure to adverse weather conditions, or choking. Participant, on behalf of Participant and Participant’s successors, agents or assigns, hereby forever and unconditionally releases the Company, its owners, officers, employees, agents, successors in interest and insurers (hereinafter referred to as the “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses, including, without limitation, attorney’s fees, in any way arising out of, or resulting from, Participant’s participation in the Events. Participant further acknowledges that Company is in no way liable for any injury to resulting from Participant’s own conduct or behavior.
Medical Expenses and Consent to Medical Treatment. Participant hereby accepts full financial responsibility for any personal medical expenses or treatment which may result from participation in the Events, and hereby releases the Company in full from any potential claim for such medical expenses. Further, Participant hereby authorizes the Company to provide Participant with medical treatment, whether resulting from an emergency or otherwise, and hereby releases Company from any and actions in tort for the provision of such medical attention. Nothing in this Paragraph 4 shall be construed to create an actual or implied duty upon Company to provide or seek such medical treatment for Participant.
Indemnification. Participant agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person, including, but not limited to, any third party participant of the Events or employee of the Company. Participant further agrees to indemnify and hold Company harmless from and against any such act or conduct which results in damages of any kind.
Cancellation and Force Majeure. The Company hereby reserves the right to cancel the Events for any reason. Additionally, in the instance that the Events have commenced, the Company may cancel the remainder of such Events if, in the opinion of any employee or agent of the Company, there is sufficient reason to believe that the Participant may be in danger of injury or loss. This paragraph includes, but is not limited to, any act of God or unforeseeable event, such as natural disasters, pandemics, riots, acts of governing authorities, or otherwise. In the event of cancellation of the Events, the Company shall, at its own discretion, refund a portion of the monies paid by Participant (less incurred costs and non-refundable deposits), reschedule the tour, or offer an alternative tour to the Participant within thirty (30) days of such cancellation.
Promotional Release. Participant hereby grants the Company a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This Paragraph 7 shall, however, be limited to pictures, videos and descriptions of events which are which are captured in the course of the Events, or within a reasonable time thereof.
Consumption of Alcohol. Participants twenty-one (21) years of age and older are able to drink alcohol during designated stops on the Events should they choose to do so. However, alcohol consumption shall be at Participant’s own discretion, risk and liability. Participant will be required to produce government-issued photo identification prior to the commencement of the Events if he or she wishes to partake in any alcohol during the Events. The foregoing portion of this Paragraph 8 notwithstanding, the Company reserves the right to excuse any Participant from the Events if said Participant becomes inebriated and misbehaves or has the potential to cause harm to him or herself or any other person or persons. If a Participant is excused from the Events pursuant to this paragraph, it shall be without any sort of reimbursement by Company. All Participants hereby assume all risk involved with the consumption of alcohol and unconditionally hold the Company harmless.
Modification. The provisions of this Agreement can only be modified by a written instrument executed by an authorized agent of the Company.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between Participant and the Company, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Agreement.
Severability. If any part of this Agreement is found to be void by a court of law, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void portions were deleted.
Governing Law and Arbitration. The construction and meaning of the terms and provisions of this Agreement shall be interpreted in accordance with the laws of the State of Wisconsin. Any dispute arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be settled by arbitration in Dane County, Wisconsin, and shall be done so pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered before an appropriate court in that state of venue.
Binding Effect. Participant acknowledges that this Agreement shall be binding upon Participant’s heirs and assigns, personal representatives, beneficiaries and next of kin.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact.
As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Otehlia Travels, LLC (“OT”) has put in place preventative measures to reduce the spread of COVID-19; however, OT cannot guarantee that you any minor you are responsible for will not become infected with COVID-19. Further, attending OT activities could increase your risk of contracting COVID-19.
By reading this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and any minor I am responsible for may be exposed to or infected by COVID-19 by attending OTactivities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at OT may result from the actions, omissions, or negligence of myself and others, including, but not limited to, OT employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at OT activities or participation in OT programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless OT, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of OT , its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any OT program, tour or activity.
Participant acknowledges that he or she has carefully read this Agreement and submits to all of the foregoing provisions. Further, Participant acknowledges that he or she enters into this Agreement under his or her own volition, and that Participant has been afforded the opportunity to review this Agreement with the attorney of his or her own choosing. Participant acknowledges that he or she is giving up substantial rights by agreeing to the provisions of this Agreement. If Participant is under the age of eighteen (18) years old, It is hereby acknowledged that Participant’s parent of legal guardian has read and consented to the terms of this Agreement.